Bay Area Painters & Tapers Pension Trust Fund et al v. Spectrum Painting & Decorating, Inc.. et al

Filing 18

ORDER by Judge Samuel Conti granting 17 Motion to Continue (sclc1, COURT STAFF) (Filed on 12/2/2011)

1 Muriel B. Kaplan, Esq. (SBN 124607)
Michele R. Stafford, Esq. (SBN 172509)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, and its JOINT
11 BOARD OF TRUSTEES; LES PROTEAU and
CHARLES DEL MONTE, TRUSTEES;
12
Plaintiffs,
13
v.
14
SPECTRUM PAINTING & DECORATING,
15 INC., a California Corporation, aka
SPECTRUM PAINTING; and DAVID MIN
16 HANG CHAN, individually,
17

Case No.: C11-2850 SC
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
DECLARATION OF MURIEL B. KAPLAN
IN SUPPORT THEREOF
Date:
Time:
Ctrm:
Judge:

December 9, 2011
10:00 a.m.
1, 17th Floor
450 Golden Gate Avenue
San Francisco, California 94102
The Honorable Samuel Conti

Defendants.

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19

Plaintiffs respectfully request that the Case Management Conference scheduled for

20 December 9, 2011, at 10:00 a.m., be continued for approximately sixty (60) days, as follows:
21

1.

A Complaint was filed in this action on June 10, 2011, and served thereafter, to

22 compel an audit of Defendants’ records by Plaintiffs.
23

2.

Thereafter, Defendants did schedule the audit with the Funds’ auditor, who

24 reviewed some necessary documents, but awaited receipt from Defendants of further information.
25 All documents have now been received.
26

3.

The auditor analyzed the documents and produced a draft audit report, which was

27 sent to Defendants for review. Defendants had ten (10) days to oppose the audit findings and
28
-1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C11-2850 SC

P:\CLIENTS\PATCL\Spectrum Painting\Pleadings\Complaint - Audit\C11-2850 SC - Req to Continue CMC 120111.DOC

1 provide documentation in support. Defendants did not oppose the report, and as a result, on
2 October 21, 2011, the report was finalized and sent to the fund administrator for billing.
3

4.

On October 26, 2011, Plaintiffs sent a demand letter to Defendants for payment on

4 the audit. Defendants responded by stating that their May 2011 contribution payment was not
5 credited, and provided documentation to confirm that partial payment had been made, subsequent
6 to the auditor’s review.

The fund administrator has recently verified receipt of the partial

7 payment.
8

5.

Once the audit report is revised and finalized, Defendants will have the option to

9 either (1) pay the amounts found due on the revised audit in full or (2) request a payment plan.
10

6.

Therefore, there is nothing for the Court to consider at this time, and Plaintiffs

11 respectfully request that the Court continue the Case Management Conference for a period of sixty
12 (60) days to allow sufficient time (considering the intervening holidays) for the audit report to be
13 revised, the matter to be resolved between the parties, or for Plaintiffs’ filing of a Motion for
14 Summary Judgment.
15

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above-

16 entitled action, and that the foregoing is true to the best of my knowledge and belief.
17

Executed this 1st day of December, 2011 at San Francisco, California.

18

SALTZMAN & JOHNSON
LAWCORPORATION

19

By: ____________/s/_______________
Muriel B. Kaplan
Attorneys for Plaintiffs

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21
22
23
24
25

IT IS SO ORDERED.
The Case Management Conference in this action is hereby continued to March 9,
2012. All related deadlines are extended accordingly.

26
27 Dated: 12/2/2011
28

____________________________________
UNITED STATES DISTRICT JUDGE
-2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C11-2850 SC

P:\CLIENTS\PATCL\Spectrum Painting\Pleadings\Complaint - Audit\C11-2850 SC - Req to Continue CMC 120111.DOC